Sotomayor dissents

February 25, 2020

I told you yesterday about Supreme Court Justice Sonia Sotomayor writing a much-ballyhooed dissent in the “public charge” immigration ban case. Her major gripe was that the Trump Administration calls on the SCOTUS too often to make emergency rulings rather than let challenges to its policies work their way through the courts. Trump defenders (myself included) pointed out that this is because so many liberal activist judges keep imposing unconstitutional nationwide stays that are beyond their jurisdictions, in a politicized attempt to thwart policies that the President has the Constitutional power to impose and hog-tie his Administration. The problem here is not an out-of-control White House, but an out-of-control judiciary.

Now, as you knew he would, Trump himself has weighed in on Twitter. He said Sotomayor was accusing some of her fellow Justices of being biased in favor of him and trying to “shame” them into voting her way, but she never criticized Justice Ruth Bader Ginsberg when she publicly made anti-Trump comments during the campaign. Trump said both Sotomayor and Ginsberg should recuse themselves from cases involving him, since they’ve both publicly expressed bias against him.

https://www.foxnews.com/politics/trump-says-sotomayor-ginsburg-should-recuse-themselves-from-cases-dealing-with-his-administration

I’m sure this will spark the by-now ritualistic cries of “outrage” from Democrats and the media (but I repeat myself.) That would carry a lot more weight if we didn’t just go through an impeachment process where the same people were demanding that Mitch McConnell recuse himself from voting because he’d publicly supported Trump. Frankly, I assume that in today’s hyper-partisan atmosphere, nobody who isn’t forced by law to recuse him- or herself is ever going to do it.

Hey, speaking of that, Roger Stone’s Obama-appointed judge who praised an outrageously biased juror and accused Stone of things he wasn’t even charged with while sentencing him, just refused to recuse herself and let him have a new judge. Quote:

"If parties could move to disqualify every judge who furrows his brow at one side or the other before ruling, the entire court system would come to a standstill."

https://www.politico.com/news/2020/02/23/roger-stone-judge-berman-jackson-117066

I don’t think there’s enough Botox in the world to hide a brow that furrowed.

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Comments 1-13 of 13

  • Carol J Mathews

    02/26/2020 12:10 AM

    Question
    Can Barr in his capacity as Attorney General, remove an appointed federal judge? Bias and prodigious judges should be removed.
    If judges are appointed can they be un-appointed?

  • Debra Schmidt

    02/25/2020 09:18 PM

    Governor Huckabee, I have a concern that perhaps you could influence: Never Trumpers. They seem unaware of the conservative values that our president has espoused, supported, reinforced. I am referring to people of the Christian faith who feel he is too "sinful" for us. The results Trump has worked for are by far the closest to Biblical values that any president in my lifetime has accomplished and I am 60 years old! I see this division amongst the church as an attack from the enemy. Any suggestions for correcting this wrong thinking on their behalf?

  • Ralph Paulus

    02/25/2020 07:19 PM

    If the FISA warrant was based on false information. The IG report indicates that Agent Somma failed to adequately validate the Steele dossier content and actually concealed information that individuals countered information provided by Steele. In many cases as I understand it if the basis for the warrant is questionable and should be thrown out all subsequent information is thrown out even if the information proves that a crime is committed. All of this as fundamental as reading a person their Miranda rights. Therefore why would Roger Stone or anyone else investigated in all of this Russia probe be able to be charged with anything as they would not have been investigated or interviewed in the first place. I have heard it called fruit of the poisoned tree. All charges should be dropped regardless of what was proved or not. Stone should never had been placed in a positioned to be questioned or investigated.

  • Richard Frey

    02/25/2020 04:42 PM

    Great Stuff Governor!

  • Paulette Taylor

    02/25/2020 04:37 PM

    Governor Huckabee
    I am concerned about all these millennials who are buying Bernie's promises lock, stock and barrel. I fear they could turn the election for him if he is the Democratic candidate running against President Trump.

  • Mary Ann Sniff

    02/25/2020 02:22 PM

    Please explain why, if the judges are ruling on cases beyond their jurisdiction, does the Trump administration follow their ruling and have to appeal to SCOTUS at all? If that judge’s ruling cannot apply constitutionally outside his/her jurisdiction, can’t the ruling just be ignored?
    And if a single district judge’s ruling can apply nationally, Congress needs to change the law!

  • Duane swartz

    02/25/2020 01:32 PM

    Governor, you make a great point about Senator McConnell recusing himself but what about the senators who were to be unbiased jurors who were or currently campaigning for the very job held by the person under the impeachment charge. Where were the calls for them to recuse themselves? And yet, Schumer and Pelosi have the audacity to say that the process and trip were unfair. There were correct in saying it was unfair, there should have been six less senators sitting judgement of President Trump due to "their conflict of Interest." Thank you for all you do to promote conservative thought.

  • Carol Rollo

    02/25/2020 01:20 PM

    I hope her attorney's appeal that ruling. They should.

  • Paul T. Kern

    02/25/2020 01:02 PM

    Like Swiss Cheese left out to mold out legal system is as holey and rotten as that. The powers that be on both side trying to import the Star Chambers of the Communists and institute them here. We must pray, vote, and be willing to stand "in the gap" like the MinuteMen of early times

  • Charles Simmons

    02/25/2020 12:29 PM

    Democrat-Liberals continually undermine USA’s constitutional framework by substituting personal choice decisions in place of objective application of constitutional principles. In USA’s democrat-liberal dystopia, even simple transactions are fraught with political hazard.

  • John W Bletsch

    02/25/2020 12:23 PM

    I believe any jurist that shows repeated political bias ought to be defrocked. Judges are supposed to hear each side of the argument impartially and rule on the constitutionality of the arguments. If they cannot or will not they must recuse or face impeachment. RBG has already said she will not look to the Constitution for guidance and for that alone she must go.
    We rely on federal judges to support the constitution with every decision if they cannot they must be removed and replaced for Constitution supporting jurists.

  • Fran Webster

    02/25/2020 12:13 PM

    Please tell me how many times Roberts, Gorsuch, and or Kavanaugh have crossed over to vote with the liberal justices and then tell me how often any one of the liberal justices have joined the conservatives on any issue. It seems like Justice Sotomayor has rewritten the old standard, “I Did It My Way” to You Do It My Way!”

  • Lucy Martinez

    02/25/2020 12:02 PM

    Amen to that! The whole case smells to high heaven!